U.S. v. BERRY

No. 11-51050.

701 F.3d 808 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. Jonathan BERRY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

November 26, 2012.


Attorney(s) appearing for the Case

Joseph H. Gay, Jr. , Margaret Mary Embry , Asst. U.S. Attys., San Antonio, TX, for Plaintiff-Appellee.

Philip J. Lynch , Donna F. Coltharp , Asst. Fed. Pub. Defenders, San Antonio, TX, for Defendant-Appellant.

Before JOLLY, JONES and GRAVES, Circuit Judges.


PER CURIAM:

On August 3, 2011, Defendant-Appellant Jonathan Berry ("Berry") pleaded guilty to possession of more than five grams of cocaine base, in violation of 21 U.S.C. § 844(a). The conduct giving rise to the offense took place before August 19, 2008, the date of Berry's initial indictment. On October 21, 2011, Berry was sentenced to sixty months imprisonment, three years of supervised release, a $3,000 fine, and a $100 special assessment. Berry appealed...

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